New Jersey Partition Actions – $5,000 Retainer
A partition action is a lawsuit between co-owners of real estate seeking the sale or division of jointly owned property. When co-owners cannot agree on whether to sell, maintain, or divide property, a partition action may allow the court to order the sale of the property and distribute the proceeds among the owners.
Levin Law Group represents clients in New Jersey partition actions involving residential, commercial, investment, and inherited property. Our New Jersey partition attorneys represent clients who want to force the sale of jointly owned real estate, as well as clients defending against partition claims and seeking to protect their ownership interest, contribution claims, and share of the proceeds.
Partition disputes often arise between siblings who inherit property, former partners, investors, or co-owners who no longer agree on what should happen to the property. Our New Jersey partition attorneys handle the litigation necessary to protect our clients’ rights and financial interests.
Speak With a New Jersey Partition Lawyer Today
If you are involved in a dispute with a co-owner of real estate, speak with an experienced New Jersey partition lawyer today.
Call us toll free at (800) 517-5240, contact our office, or request a free consultation.
Services Included in Our New Jersey Partition Representation
We require a $5,000 retainer to get started. As applicable, our services include:
- Filing or defending a partition action in New Jersey
- Evaluating ownership interests and property issues
- Seeking the sale or division of jointly owned property
- Making sure our clients are properly compensated for their ownership interest and expenses invested into the real estate
- Addressing claims for carrying costs, repairs, taxes, mortgage payments, and other contributions
- Making sure the property is sold for fair market value
- Negotiating buyouts between co-owners where appropriate
- Handling related legal issues involving inherited, residential, commercial, or investment property
Partition Actions in Other Jurisdictions
The Levin Law Group represents clients in partition actions involving disputes between co-owners of real estate in multiple jurisdictions. The laws governing partition actions may vary depending on whether the property is located in New Jersey or another state.
Frequently Asked Questions About New Jersey Partition Actions
What is a partition action in New Jersey?
A partition action is a legal proceeding in which co-owners of property ask the court to divide the property or order the property sold so that the proceeds can be distributed among the owners according to their respective interests. In many cases involving residential or investment property, the practical result is a court-ordered sale and division of the proceeds rather than a physical division of the property.
When should I consider a partition action in New Jersey?
You may need to consider a partition action if you and the other co-owner cannot agree on whether to sell the property, how to manage it, whether one owner should buy out the other, or how the expenses and proceeds should be handled. Partition actions are common in disputes involving inherited property, jointly purchased homes, and investment real estate.
Can a partition action be filed in New Jersey if there are liens or judgments against the property?
Yes. A partition action can still be filed even if there are liens or judgments affecting the property. Those claims may need to be addressed or satisfied as part of the sale process before the net proceeds are distributed among the co-owners.
Will the court physically divide the property or order a sale?
That depends on the circumstances. In some cases, the court may consider a partition in kind, which means physically dividing the property. In many real-world cases, however, especially where division is impractical, the court may order the property sold and the proceeds divided among the owners.
Can I recover money I spent on the property?
In many cases, yes. The court may consider claims relating to mortgage payments, taxes, insurance, repairs, maintenance, or improvements paid by one owner. These issues can affect how the sale proceeds are distributed, which is why it is important to have counsel protecting your financial interests.
Can a partition action be filed for commercial property, investment property, or vacant land?
Yes. A partition action may be filed for many different property types, including single-family homes, multi-family property, commercial real estate, vacant land, condominiums, and investment property.
How long does a partition action take in New Jersey?
The timeline depends on the complexity of the dispute, the number of parties involved, and whether the matter settles or requires significant motion practice or court intervention. Like other litigation matters, a partition action may take several months to a year or longer.
Contact Levin Law Group About a New Jersey Partition Dispute
If you are a co-owner of New Jersey real estate and need to force a sale or defend your financial interest in a partition action, speak with our attorneys today.
Call us toll free at (800) 517-5240, contact our office, or request a free consultation.